valentine (Advocate) 21 July 2010

Tribunals

Dear all,

By the Amendment of 2006, the law is amended that where a Tribunal is established, the cases pertaining to that tribunal should not be conducted by any other court. For e.g. there is a tribunal for Companies and any case pertaining to that area should go to the Co. Law Board. However, there are a number of cases in which NCDs, FDs and Scheme of Arrangement for the Co. sanctioned by the Higher Courts are admitted in the Consumer Forums - Dist, Appellate State Commissions, National Commission. Even awards/orders are given on such cases. Can the opponent raise the objection of jurisdication even after all this?

Reply Follow

1 Replies

(Guest)

You have not cited which law amendment brought in '06, but anyhow when an amendment comes into force, then it becomes the law, as everyone knows and hence the amended law shall be taken to the notice / knowledge of the Consumer Fora or any other Court / Tribunal by any side of the litigants and thereby the concerned Forum will stop proceeding with the pending cases before it forthwith and remand the cases to the proper Forum as per the new law. In case, if nobody objects citing the new law, later it would tantamount to ultra vires the jurisdiction and the Orders passed will be void ab initio. Even recently, when the SC declared that the Telegraph Act/Rules (Special Law) have to be followed in case of disputes against the BSNL and excluded the jurisdiction of the Consumer Fora, all the pending disputes against BSNL before the Consumer Fora all over India were transferred to the Arbitrator under Telegraph Act. Since this is a legal objection, it can be raised in any stage of the proceeding either at lower, higher or even in the SC and it is not a curable defect.